Ch. 275                                    2004 LAWS OF MARYLAND

or is being committed shall report the suspected insurance fraud in writing to the
Commissioner, the Fraud Division, or the appropriate federal, State, or local law
enforcement authorities.

(2) An independent insurance producer shall meet the reporting
requirement of this subsection by reporting the suspected insurance fraud in writing to
the Fraud Division.

(b)     In addition to any protection provided under § 10-618 of the State
Government Article, any information, documentation, or other evidence provided
under this section by an insurer, its employees, fund producers, or insurance producers,
A VIATICAL SETTLEMENT PROVIDER OR A VIATICAL SETTLEMENT BROKER to the
Commissioner, the Fraud Division, or a federal, State, or local law enforcement
authority in connection with an investigation of suspected insurance fraud is not
subject to public inspection for as long as the Commissioner, Fraud Division, or law
enforcement authority considers the withholding to be necessary to complete an
investigation of the suspected fraud or to protect the person investigated from
unwarranted injury.

(c)     A person is not subject to civil liability for a cause of action by virtue of
reporting suspected insurance fraud if:

(1)     the report was made to the Commissioner, Fraud Division, or an
appropriate federal, State, or local law enforcement authority; and

(2)     the person that reported the suspected insurance fraud acted in good
faith when making the report.

27-804.

(A) EACH VIATICAL SETTLEMENT PROVIDER SHALL HAVE IN PLACE AN
ANTIFRAUD PLAN REASONABLY CALCULATED TO DETECT, PROSECUTE, AND
PREVENT FRAUDULENT VIATICAL SETTLEMENT ACTS.

(B) WITHIN 30 DAYS AFTER INSTITUTING OR MODIFYING AN ANTIFRAUD
PLAN, THE VIATICAL SETTLEMENT PROVIDER SHALL NOTIFY THE COMMISSIONER IN
WRITING.

(C) EACH ANTIFRAUD PLAN SHALL INCLUDE:

(1) THE USE OF FRAUD INVESTIGATORS;

(2) A DESCRIPTION OF THE PROCEDURES FOR DETECTING AND
INVESTIGATING POSSIBLE FRAUDULENT VIATICAL SETTLEMENT ACTS AND
PROCEDURES FOR RESOLVING MATERIAL INCONSISTENCIES BETWEEN MEDICAL
RECORDS AND INSURANCE APPLICATIONS;

(3) A DESCRIPTION OF THE PROCEDURES FOR REPORTING POSSIBLE
FRAUDULENT VIATICAL SETTLEMENT ACTS TO THE COMMISSIONER;

(4) A DESCRIPTION OF THE PLAN FOR ANTIFRAUD EDUCATION AND
TRAINING OF UNDERWRITERS, AND OTHER PERSONNEL; AND

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